creditor claims?

That's a good question. Normally, if the creditor doesn't respond back, then I think the debt does not get paid through the Chapter 13, and at the end of the 13, it would get discharged. However, in your case, since you are not eligible for a discharge at the end, I'm not sure how that would work. I wonder if it would be possible for them to not respond, wait the five years, and then take action against you. . . Or possibly, if you list them and they don't file a claim, then those debts WOULD be eligible for discharge??

Definitely a question for the lawyer, I'd say. But in the meantime, maybe someone else will come along here with some other ideas!

I thought creditors had 90 days to respond and if they don't file a claim then they don't get paid. IMHO, if she included it in the Bk and the creditor didn't respond then they are SOL (and I'm not talking about statute of limitations here! ;) )

But yes, definitely a ? for the Bk attorney.

Yes, the BK court sets a date to file claims by. If a creditor who was included does not file a claim by that date, then they get squat -- and the debt will become discharged when the case gets discharged. However if that case ever gets dismissed or closed without discharge, then they can again come after you for their balance.

So, I should MAKE sure everyone gets payments no matter if they file a claim or not? Also I noticed on the paperwork the lawyer gave me, he was writing out the process and at the end he wrote "DISCHARGED", but I am pretty sure that was a mistake. I think he is just used to writing that on the work up sheet.

You definitely need to ask your attorney these questions if you're unsure if the debts were discharged. I wouldn't go about sending any payments to debts that were possibly discharged. It would be a waste of your money.

Find out from your attorney what the lowdown is on this. The way you've explained it, it sounds to me as though your creditors that didn't file claims do not need to be paid, as their accounts will be discharged.

When I filed 13, several of my creditors did not file claims within the 90-day period allowed them. They were discharged without payment being made to them through the 13 plan. I was amazed how many of them simply let it go and didn't file claims.

i filed chpter #13 3/31/2003 i incuded all creditors and everyone filed a claim except creditor for my auto laon ..my bkry was paid in full and discharged in 2006 and this creditor has never done anything ..what do i do about this? my attornery sd she dsnt know because has never seen this happen

As stated above, if the creditor fails to file a claim and they were listed in the BK, then they get nothing. I am surprised your attorney doesn't know this!?!

If you did not include them in your BK, then they still have a valid claim against you, if still within your states SOL. I would make sure that you had them listed in your BK.

(I am assuming that you gave up your car and there was a balance still due.)